In addition to the procedures required pursuant to Rule 11, if a court fails to provide the defendant with notice collateral consequences in accordance with 13 V.S.A. § 8005(b), and the defendant later at any time establishes that the plea and conviction for a violation of 18 V.S.A. $ 4230(a) may have, or has had a negative consequence, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea or admission and enter a plea of not guilty. The charges shall then be restored to the active docket for further pretrial proceedings and trial. Failure of the court to advise the defendant of a specific collateral consequence shall not alone support a motion to vacate.
Vt. R. Crim. P. 11.1
Reporter's Notes 2017-Amendments
General revisions are made to Rule 11.1 to reflect changes necessitated by enactment of Act 133 of 2015 (Adj. Sess.), which expressly prescribes the consequences resulting from the court's failure to provide the defendant with notice of collateral consequences. The amendment also serves to clarify that the Rule is of application only to convictions for violation of 18 V.S.A. § 4230(a) and not for all offenses prescribed by § 4230.